Beijing Law Review最新文献_第6页

WTO-Analysis of Issues with the Dispute Settlement Mechanism wto -争端解决机制问题分析

Beijing Law Review Pub Date : 2020-12-03 DOI: 10.4236/blr.2020.114052

D. S. Madhumitha

{"title":"WTO-Analysis of Issues with the Dispute Settlement Mechanism","authors":"D. S. Madhumitha","doi":"10.4236/blr.2020.114052","DOIUrl":"https://doi.org/10.4236/blr.2020.114052","url":null,"abstract":"World Trade Organisation is one of the main international organisation dealing with rules regulating trade between nations. The main goal of the WTO is to regulate, negotiate business among the exporters and importers with the goods and services. This organisation gives a forum in case of dispute for the governments to step up and provide their agreements to get in consensus with their problems. World Trade Organisation is basically not a separate organisation with its own nomination, it is an organisation run by member government parts of WTO system. WTO played a very important role in boosting economic prosperity and mend relationships among the governments by providing Multi-Lateral agreements, its roots are there to be found from the silk road creation to the set-up of GATT. Even the DSP playing an important role in the development of economic relations, it has backlash on its own, the dispute settlement mechanism within the WTO system has been facing many problems regarding the decision of the forum, their competency, their qualification, the biasness within the forum to support the favouring states. The 2017 annual report by DSB Chair, Ambassador Sunanta the reports stated that there was complication with the complex dispute resolution such as the plain packaging case, too many cases reported undecided, the resource occupation suggested a problem, for example, Airbus and Boeing proceedings. The 2019 report showed that there was decrease in overall economic activity in the global trade. The project analyzes the issues with the dispute settlement mechanism in the WTO and the ways and suggestions to overcome the situations.","PeriodicalId":300394,"journal":{"name":"Beijing Law Review","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129492774","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

State Title to Territory—The Historical Conjunction of Sovereignty and Property 国家对领土的所有权——主权与财产的历史结合

Beijing Law Review Pub Date : 2020-12-03 DOI: 10.4236/blr.2020.114051

D. Howland

引用次数: 0

Is There an Actual Need of Registration? Reflections on Free Formality Principle 是否真的需要注册?对自由形式原则的思考

Beijing Law Review Pub Date : 2020-12-03 DOI: 10.4236/blr.2020.114053

E. Ikonomi

{"title":"Is There an Actual Need of Registration? Reflections on Free Formality Principle","authors":"E. Ikonomi","doi":"10.4236/blr.2020.114053","DOIUrl":"https://doi.org/10.4236/blr.2020.114053","url":null,"abstract":"Free Formality Principle, as a fundamental principle of Berne Convention, since its introduction has been a commodity for the protection of the works of the Union, and same time a strong obstacle for other countries to join the Convention, because of their strict and mandatory registration system. In consideration of changes, digitalization, and all different possibilities of creating, sharing and infringing works, this paper aims to highlight the need of registration of the works. By comparing and analyzing the domestic laws of two countries: Albania and U.S., both part of Berne Convention, the paper will precisely point out the differences not only in their ways of requiring registration of the works, but also in the specific effects they create. The paper will put forth some of the benefits of copyright registration and will try to explain that encouraging registration is actually not a burden, but an opportunity to provide a “healthy situation” with mutual benefits, both for copyright holders and public interest. The paper suggests introducing incentives to the registration system, which can preserve FFP, but also can make copyright holders feel interested to register their works.","PeriodicalId":300394,"journal":{"name":"Beijing Law Review","volume":"7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125816368","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

State of the Art Research in the Judicialization of Politics 政治司法化研究现状

Beijing Law Review Pub Date : 2020-09-04 DOI: 10.4236/blr.2020.113041

Ary Jorge Aguiar Nogueira

引用次数: 0

Regina v Dudley & Stephens Anatomy of a Show Trial 里贾纳诉达德利和斯蒂芬斯的表演审判解剖

Beijing Law Review Pub Date : 2020-07-08 DOI: 10.4236/blr.2020.113048

G. Minchin

引用次数: 0

Intelligent Extension of Legal Logic: Challenge and Direction 法律逻辑的智能延伸:挑战与方向

Beijing Law Review Pub Date : 2020-07-08 DOI: 10.4236/blr.2020.113046

Zhi Zhang

引用次数: 0

The Reform of Justice in Albania 阿尔巴尼亚的司法改革

Beijing Law Review Pub Date : 2020-07-08 DOI: 10.4236/blr.2020.113043

A. Balliu

引用次数: 2

The Application of Judicial Precedents as a Way to Reduce Brazilians Tax Lawsuits 司法判例的适用是减少巴西税收诉讼的一种途径

Beijing Law Review Pub Date : 2020-07-08 DOI: 10.4236/blr.2020.113044

Renato Lopes Becho

{"title":"The Application of Judicial Precedents as a Way to Reduce Brazilians Tax Lawsuits","authors":"Renato Lopes Becho","doi":"10.4236/blr.2020.113044","DOIUrl":"https://doi.org/10.4236/blr.2020.113044","url":null,"abstract":"This article aims to analyze the thesis that the \u0000application of the doctrine of precedent, originated in England, could reduce \u0000judicial litigation in Brazil, mainly in tax law procedures, such as tax \u0000enforcement. Brazil Law applies Civil Law, which means that the law is based on \u0000the principle of legality. However, the Brazilian Judiciary System is costly and has lower effectiveness. To deal with these problems, the National \u0000Congress has changed the law, providing mechanisms from the Common Law, mainly \u0000by introducing the binding precedents system. Respect for precedent is a \u0000requirement of the Brazilian Civil Procedure Code of 2015. However, the theory \u0000of precedent was developed in a society culturally very different from the \u0000Brazilian, which leads to the need for comparisons such as the exposed here \u0000that will justify the differences facing the source procedure that will \u0000undoubtedly occur. However, there are doubts if the transformation of the legal \u0000system will reduce the impressive figures of judicial cases. Nevertheless, the \u0000conclusion is definite. The precedent theory \u0000involves techniques that can potentially reduce tax lawsuits, representing a \u0000significant number of all legal disputes in Brazil. This conclusion was reached \u0000through data analysis, some doctrinal sources, and, mainly, by the author’s \u0000reflections. This mix of scientific method verifies the hypothesis: describes \u0000and analyses the system and presents a definite conclusion.","PeriodicalId":300394,"journal":{"name":"Beijing Law Review","volume":"137 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-07-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125039244","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

The Legal Framework Governing Investment Areas and Incentives in Ethiopia: A Critical Appraisal 管理埃塞俄比亚投资领域和激励措施的法律框架:一个关键的评估

Beijing Law Review Pub Date : 2020-07-08 DOI: 10.4236/blr.2020.113045

Bogale Anja Abba, Yared Kefyalew Demarso

引用次数: 1

Reversing History?: The Challenges of Using “MABO No. 2” as an Avatar for Resolving Indigenous Land Claims in Africa 扭转历史吗?:使用“MABO 2号”作为解决非洲土著土地要求的化身所面临的挑战

Beijing Law Review Pub Date : 2020-07-08 DOI: 10.4236/blr.2020.113042

Ernest Duga Titanji

{"title":"Reversing History?: The Challenges of Using “MABO No. 2” as an Avatar for Resolving Indigenous Land Claims in Africa","authors":"Ernest Duga Titanji","doi":"10.4236/blr.2020.113042","DOIUrl":"https://doi.org/10.4236/blr.2020.113042","url":null,"abstract":"The nexus between the indigenous African and the land on which they live cannot be gainsaid. So important is this relationship that land is a sine qua non for the survival of the indigenous African and indigenous African cultures. However, despite this undisputed link, the indigenous African as well as other colonized peoples, lost ownership of their lands due mainly to the adverse effects of subjugation. The direct upshot of this is that even where the former colonial masters and their successor states have become sympathetic to the indigenous populations and decide to retrocede some of their land, they often encounter obstacles both in law and in modern history that are not easy to avoid. This was also the case in some countries where indigenous peoples lost their lands to settlers who took over command and decided on their destiny, such as the indigenous peoples in Australia. It was in an attempt to put this issue to rest that the High Court of Australia in the locus classicus MABO No. 2 attempted to define the circumstances under which land can revert to the indigenous populations as a matter of human rights. This article examines some of the “hooks” that the apparently generous MABO No. 2 decision may present, where there is an attempt to transpose it mutatis mutandis as an avatar to resolve the problem of indigenous land rights in Africa. The paper attempts to answer the question as to what extent the decision of the High Court of Australia in MABO No. 2 can be used to resolve indigenous land claims in Africa. Through an analytical approach, the paper investigates the challenges inherent in attempting to use the decision as a South-South mutual inspiration due to the contextual, historical and evolutionary differences between the Australian and African situations. The paper finds out that the decision in MABO No. 2 carries in it the very germ of its inapplicability in the African context and makes suggestions on how to read the MABO decision in the context of the present-day dispensation of indigenous African land law.","PeriodicalId":300394,"journal":{"name":"Beijing Law Review","volume":"322 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-07-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133896419","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1